APPLICATION
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tNlE~I\~S Real Estate Developers & Investors
VIA FEDEX OVERNIGHT
December 22, 2006
Mr. Ed Breese
Principal Planner
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
RE: 1485 Gateway Blvd
Site Plan Modification Application
Dear Mr. Breese:
Per your request, please find enclosed the reciprocal easement information and authorization
that is required in order to process the above referenced application. Please find enclosed the
following:
1. The original Reciprocal Easement Agreement dated December 21, 1998
between Boynton Beach Hospitality, Ltd and OPH/Boynton Realty, L.C.
2. Special Warranty Deed dated October 21,2004 between Boynton Beach
Hospitality, Ltd. to Equity Inns Partnership, L.P.
3. A letter from Ed Ansbro, Senior Vice President-Real Estate of Equity Inns
approving our proposed site plan modifications.
Thank you for your time and consideration in this matter.
Sincerely,
-y
6400 NORTH ANDREWS AVENUE · SUITE 500 · FORT LAUDERDALE. FL 33309 · (954) 771-3305 · FAX (954) 771-3442
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ORB 10827 Pg 695
1111111 HI a III U III II !II U IU ~ III II fa II ru IIIU 11111
PREPARED ~y AND
!\FTEI{ RECORDING RETURN TO:
JOYCE L. ELDEN, ESQ.
Hruau auu CiI:'St:!
7777 Glades Road, Suite 300
Boca Raton, Florida 33434
RECIPROCAL EASEl\IENT AGREEl\lENT
TIllS RECIPROCAL EASEMENT AGREEMENT (this "Agreement") is made and
entered into as of this2.J.staay of December, 1998, by and between BOYNTON BEACH
HOSPIT ALlTY, LTD., a Florida limiled pal1nership ("'Boynton Hospil:Jlity'.) whose address is
1475 West Galeway Boulevard, Boynton Beach, Florida 33426, and OPH/BOYl'iTON
REALTY, LC, a Florilla limited liability company ("Buyer.') whosc addrcss is 400 N.W. 741h
:\ vcnUL, Plantation, Florida :13317.
W 1 T N E SSE T H:
WHEREAS, BOJl1ton Hospitality is lhe owner of the property described on Exhibil "A"
attached hereto ("Boynton Hospitality LOI"): and
WHEREAS, Buyer is the owner orthe property described 011 Exhibit "8" attached hereto
('"Buycr's Lot"); and
\VIIEREAS, Boynton Hospitalily ami Buyer oesire to provide rcciprocnl easements and
other rights. as more particularly set forth in this Agreement.
NO\\', THEREfORE, in consideration of the premises and olher valuable consideration,
the reccipt and sufficiency of which is hereby acknowledg.ed, Boynton Hospitality and Buyer
agree a5 follows:
1.
reference.
Recitals. Thc foregoing recitals are true ami correct and incorporated h.:rein by
1. Access and Parking Easement. Boymon IIospitality. :15 10 th~ I30}11lOn
Ilospilalily Lal, am] Buyer, as 10 Ihe Buyer's Lot. herehy grant, e:1ch to tlte olher, (a) u
nonexclusive, pcrpelual vchicubr, bicycle. and pedestrian ingress and egress casement /Ihe
"Acc.:ss Easement") over alllI across the driveways, parking ilislcs, sidewalks anu pedestrian
ways constlllcteu and existing frolll time to time on ~ach of their respectivc Lois. cxcludin1?
howe\'er lIse of the Access Easelllelll on the Uoynton Ilospiwlil)" Lot hy cOllslruclion '.c:hicles or
construction workers' \'t..'hiclcs for the BlIYl:r's lot. ;Jnd (h) :1 nonexclusive. perpetual parking
t:;lSI:Ill~11l (the "Parking casement") on the parklllg ar~as cullslrllch:J alld existing irom lillll,;' to
limc 011 cach of their rcspecli\f': LOIS, c;.;c1udin!! !2owc\'cr, the parking of construction \'l:hides
anti cOllstrlll:lioll workers' vchicles by Buyer on the Boymoll Hospilality Lot. The areas
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Description: Palm Beach,FL Document-Book, Page 10827.695 Paqe: 1 of 8
ORB :2 0827 Pg 6'95
cncumbered by the Access Easement and the Parking Eascmcnl (collectively, the "Easements")
arc hereat1er referred to as the "Easemcnt Areas(s)."
3. Right of Use in...9thers. Each of 8oynton Ilospitality and the Buyer r~servc the
right and privilege to use and occupy, and to grant others the right 10 use and occupy. the
Easement Areas on their respective Lots for any use which docs not impair the pUl1loscs for
which Ihe Easements have been granted.
4. Maintenance Obligations. Neither party shall have any obligation to construct
driveways, sidewalks or parking areas or other access improvements or parking facilities on their
respective Lots until such lime as site development occurs on their respcctivc Lots. Once such
paved driveways, sidewalks and parking areas are constructed, however, each party shall have
the obligation to maintain and repair such paved improvements located on its own Lot, keep such
improvements clear of debris, and maintain proper striping and identification of parking areas. In
the event the access or parking improvemenls on one party's Lot are not adequately maintained,
Ihe olher parly shall, after thirty (30) d<JYs notice to the non-notifying party specifying the
deficiencies, have the right to enter upon the non-notifying party's property 10 maintain and
repair said access or parking improvements. The non-notifying party shall pay to the party
performing such maintenance and repairs all reasonable costs in connection therewith upon
demand therefor.
5. Chane.ing Location of Facilities. Once a party constructs pavcd driveways.
sidewalks and/or parking areas on such pmy's Lot, each party shall thereafter use such
driveways, sidewalks and parking areas for their intended purposes, unless the other party agrees
in writing to pcmlit the use of the drivCW<IYS, sidewalks and parking areas on the olher's Lot for
other than their intended purposes. Either part)', upon prior written notice to the other party, and
with the prior wrillen approval of any holder of a mortgage encumbering the Boynton Hospitality
Lot (hcrcim1fler, a "Mol1gagee") with respect to changes on the Boynton Hospitality Lot, may
change lhe location of any paved driveways, sidewalks or parking areas on the notifying pany's
Lot, provided that the notifying party replaces such drivcways, sidcwalks or parking areas with
comparable facilities loeated elsewhere on the notifying party's Lot which serve the same
purpose intended to be provided under this Agreement; provided, however, notwithstanding the
foregoing Boynton Hospitality shall not remove the twenty four (24) paved parking spaces
located on the Boynton Hospitality Lot along the common boundary between the Boynton
Hospitality Lot nnd the Buyer's Lot. unless the parties agree in writing to pemlit such removal
and the prior 'willen approval or the Mortgagee to such removal has been obtained.
6. Pemlission Lo Tie Into E~l~!~!l~ Drainaee System: Drainal.!t: Easement.
(n,l Boynton I10spitality hereby gives pennission 10 Lhe Buyer to tie into and
utilize the c.\isting drainage system serving the Boynton Hospitality Lot am] the Buyer's Lot,
sllch tic-into he made at a location contained within the Buyer's Lol.
(b) Boynton Hospitalily gr.mts to Buyer, a.nd Buyer grants Lv Boynton
Hospitality, a 1l011l'xdu~i\"(:, perpetual C;JSel11l:t1t to use lhe dr:.tinagc system. drailla!;C pipcs .md
other associated facilities, now existing or h(.'r~aJkr conslructed 011, the HOy11Lllll Ilospitality I.ot
and the Buyer'::; 1.01. rC'spl:l:livdy, for the purpose of draining $urf"acc wakrs from Buyer's Lot ur
2
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Order: 1353328 EXCEPTIONS BII COPIES Comment: PALM BEACH
ORB. :1082:-7 Pg 697
BO)lIlOn lIospitality's Lot. respectively, through lht: drainage system, for discharge into the
water manngernent system ofQuanlum Park.
(c) Buyer hereby covenants and agrees that it shall comply with all
requirements of all govemmental elltities having jurisdiction over the drainage system and the
water management system of Quantum Park, and shall not inlroduce, nor cause to be introduced,
nor suffer such introduction, any hazardous or noxiolls mat~rials inlo [he drainage syStem. Buyer
shall not pennil any third party 10 tie illlO the drainage system serving the Buyer's Lot.
(d) Buyer shall be solely responsible l'or all costs associated with, and pemliLs
for, utilizing the drainage syslcm. The partics shall each pay the costs of maintaining and
rcpairing the pOl1ion ofthc drainage system locatcd on lhcir own Lot. In the event the drainage
syslem located on one party's Lot is not being adequately maintained, the othcr party shall. af1er
thirty (30) days notice 10 the non-notifying party specifying the deficiencies, have the right to
enter upon the non-notifying party's property to maintain and repair such deficiencies. The party
performing the maintenance and repair shall be responsible for the payment of the costs in
connection lherewith.
7. Insurance; rndemnification.
(a) During the tenn of this Agreement, each party shall maintain adequate
liability insurance coverage, in the minimum amount of S I ,000,000.00 per person and
$1,000,000.00 per occurrence or sllch greater amount as either party may reasonably require,
naming the other party as an additional insured thcreunder, insuring against all claims, liabilities
and causes of action relating to the use oflhc casements granted herein. Each party shall provide
to the other party on !he date this Agreement is signed, and on each anniversary dale thereafter,
evidence satisfactory to the oLher party, that the insurance required by this section is being
maintained. The minimum insurance requirement shall be reviewed every three years to
detcmline if the minimum coverage amount should be increased. based upon indusrry customary
insurance practices.
----..-
(b) Each party (the "Indemnifying Party") a!,'Tees to indcmnify, defend and
hold hannless rite aLiter party (thc "Indellmificd Party") from any damage, cost or liability to the
lndenmified Party or the Indemnified Party's property caused by the use of an)' easements
granted herein or the exercise of any rights granted herein by lite Indemnifying Party unless such
damage, cost or expense, was caused by the negligence or willful misconduct of the Indemnified
Party.
8. t.:o Third Party Rights: :-.10 Unrcasonable Interference. This Agreement shall no!
establish any rights in or for the bene/it of the general public. The excrcise of the rights and
privileges granted hereby shall be exercised in a manner which does not unreasonably imerfcrc
with or disrupt [he nomla! use, business or occupation of the improvements located 011 Ihe
parties' respective propcrlies.
9. Successors <Inti Assi~ns. All rro\'l~lOns of this :'\greemcllt alld the casement
rights hereunder sh:lll run with the rcsr<!c!i\'c pn\pl'rti~s and shall be binding upon and illur~ III
3
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Orripr: 1 i'iii?R Fi:Xr.Fi:PTTON.c; RTT r.OPTFi:.<; r.nmmpnr-: P.IlT.M RFi:.Ilf"'R'
ORB 10827 Pg 59B
the benefit ofrhc parties, their respective successors, assigns, ~ustomers, invitccs, employees and
tenants.
10. Go\'emin~ Law. This Agreement shall be governed by and construed in
nccordancc with the Jaws of the Slate of Florida. Venue of any litigation or administrati\'e
proceeding shall be exclusively in Palm Beach County, Florida. The prevailing party in any
litigation arising from the tcrms of this Agrcement shall be entitled to recover its reasonablc
altomeys' fees, both at trial and on appeal, as well as court costs, from the nonprevtliling party.
) 1. Rcpr~sentations. Each pan)' docs hereby warrant, each to the other, that they
have good title to their respective Easement Areas and that they have full power and authority to
grant the Easements set forth in this Agreement.
12. Counterparts. This Agrcemenl may be executed ill counterparts, each of which
will be deemed an original as against any party whosc signaturc appears hereon, and all of which
shall constilute one and the same.
13. C3l1tions. The captions used in this Agreement 3re solely for the convenience of
reference and shall not in any way limit or amplify the terms and provisions hereof.
IN WITNESS WHEREOF, the partics ha,"c exccult:d this Agreement as of the day and
year firsL written above.
BOYNTON BEACH HOSPITALITY,
LTD., a Florida limited partnership
~~~
V~tncss , ~ /}~~
Pnnt name: ~ ~
0(Af(f! ;;(. &dJlLJ_
WWn'cs
Prim namc:.Jb'1 CR L-. UuW/)
By: BOYNTON BEA<:H HOSPITALITY,
INC., n florida corporation, its general
partner
By: # ~.f.
Michael Panakos, President
OPHlBnYNTO~ REALTY. L.e..
u Florida limited liability company
Witness (;,.'(.1/ J. fI-15"'-
Print /lame: 1
/l(/I/VL.e ;f. ~de~
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Prllll name: \)0'::1 c.e L. ud.e"l
By:
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Order: 1353328 EXCEPTIONS BII COPIES Comment: PALM BEACH
ORB 10927 Pg 6'99
STATE OF FLORIDA
COLiNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 2.I.s~ay of DC'(P/t"\~
1998, by MICHAEL PANAKOS, President of Boynton Beach Hospitality, Inc., a Florida
corporation, on behalf of the corporation. as general partner of Boynton Beach Hospitality, Ltd.,
a Florida limited partnership. He ~ personally known 10 me or U produced as idenLification.
..-,;t::ii;;-, JOYCE L. aOE!l
W.~...".
., :-' J.IY lnIMSSDI f cc 565Z78
I,: .; EXl'li6:~-y16.2:Ol
~..t.i!,' lbml1lrll1t;(Jjy I'Id: ~
~Ji~X. Uc~
N . AR PUBLIC, State of FIe; 'da
Print Name
My Commission expires:
Serial No.:
(SEAL)
STATE OF FLORIDA
COUNTY OF ..fJO-€tn .Qeo..cl.."
The foregoing inslrumenl was acknowledged before me this U..\t;y of D~~rr--6c",
1998, by S+C-vt"^ e. 1<~'0-~h....<:" as Managing Member of OPHlBoynton Really, L.e., a
Florida limited liability company, on behalf of said company. He l.j is personally known 10
me or ('::::) produced S~Nt.... e. ~~IN..,:-aS identification.
,~\~~ JOYCE L ElOEH
!-:".~1'-' MY!XI.lIltSSIlN I cc S5527s
'f."~ EXPRs:MayI6.2lXXl
- .!.to.' .... Baad l!Illlb!lyRtllle ~
~ -;t -Vz~
N ~UBLIC, St~te of Florida
Print Name
~fy Commission expires:
Serial Nt).:
(SEAL)
5
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Order: 1353328 EXCEPTIONS BII COPIES Comment: PALM ~R~r~
ORB :10827 Pg 700
JOINDER, CONSE~T AND SUBORDINATION OF MORTGAGEE
Jefferson Pilot Life Insurance Company, the mortgagee named in that certain Mortgage,
SecuriL y Agreement, Fixture Filing dat~d December 30, 1997 and recorded Deeembt:r 31, 1997, in
Official Record Book 10162, Page 1028, Public Rccords of Palm BC<lch County, Horida, as affected
by that certain Partial Release of Mortgage dated lx.~,;>.J..,.... " , 1998 and recorded in
connection herewith (the "Mortgage"), which Mortgage encumbers the Property described on
Exhibit A attached hereto, hereby joins in this Agreement for the sole purpose of consenting to the
Easements granted herein, and hereby subordinates the lien of the Mortgage to this Agreement,
IN WITNESS WHEREOF, the Mortgagee has cxecutcd this Joinder, Consent :md
Subordination as of the day and year first above written,
JEFFERSON~PILOT LIFE INSURAI\CE
COMPANY, a North Carolina corporation
11
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:J': Y. ________ __
Name: V,J', \ \ :.c- r"'\ M, _ S 10_2 kQ..,\ '; .
c \ \1, V> . - \ .' \-
Title: ~;;: f\(\ v, I.. '<:.. ,-~, . d ....,'- ,
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Wilness
Print name: Bobhie H. Adkins
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Wilness ~
Prim name: DOTOr:hy or. Boone
STA TE OF
COUNTY OF
. \ 'i The ~()regoing inslrumen,t was aC,knowledgcd bcfo~e me .this IsL~day of NClV" 1998, by
...~. ~ _c-,,"' I}.. S:hl~. as ');;t.o:.."J \1,(,- '\"'>J,r1 of Jefferson-Pliot Life Insurance Company, a North
Carolina corporation, on behalf of the corporation, He/She (iJ is personally known to me or L.J
produced a driver's license as idcntific31ion,
~,: 'Cr\_ ~}J~~~,-~
;\OT;"'R):;~UB11C, Stare of North Carolina
p(lj,t::-:am~:~-:r~.~.,,~... ~ S\-~\....~'I..:' .!>.....
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ORB 10827 Pg 70 1
EXHIBIT "A"
LEGAL I>ESCRIPTION OF llOYNTON flOSPIT AUTY I.OT
Lot 1 01" the plat of QUANTUi\l PARK AT BOYNTON BEACH, P. I. D. 1\:0.1,
according 10 the plat thereof as rccordcd in Plat Book 57, Pages 182 iU1d 183,
Public Records of Palm Beach County, Florida, LESS the [ollowing described
property:
Beginning at the southeast cumer of said Lot I; thence South 89004' 47" West
along the south line of said Lot 1 a distance of 156.06 feet; thence North 000 55'
13" West a distance of 370.47 fect to the north line of said Lot 1; lhencc North
89004'47" East ulong the Nonh line of said Lot 1 <l distance of 115.42 feet 10 the
west right-or-way line of Lake Worth Drainage District Canal E-4, as same is
rccorded in Official Records Book 4545, Pages 1296 and 1297, Palm Beach
County, Florida, Public Records; thence South 070 10' 49" East along said west
righl-of.way lill!.: a distance of 3 72.69 feet to the Poin t of Ill-gin I1jn~.
7
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ORB .:1 082"7 Pg 702
DOROTh"Y H. IULHEN,CliR!\ PBCWiTY, FL
E\'HffilT "B"
LEGAL DESCRIPTION OF BUYER'S I.OT
A parcel of 'nnd ill Lot 1 of the pIal of QUANTUM PARK AT BOYNTON
BEACH, P.LD. NO.1, according to the platlhercof:Js recorded in Plat Book 57,
Pages 182 and IS3. Public Records of Palm Beach County, Florida; being
described as follows:
Beginning at the southeast come'r of said Lot 1; thence South 89004' 47" Wcst
along the south line of said Lot 1 a distance of 156.06 feel; thence North 000 55'
13" West a distance of 370.47 feet to the north line of said Lot 1; thence North
89004' 47" East along the North line of said Lol I a distance of 115.42 feet to the
\\.'est right-of-way line of Lake Worth Drainage District Canal E-4, as same is
recorded in Official Records Book 4545, Pages 1296 and 1297, Palm Beach
County, Florida, Public Records; thence South 07" 10' 49" East along said west
right-of.way line a dist:mce of372.69 fect to the Point of Beginning.
8
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Description: Palm Beach,FL Document-Book.Page 10827.695 Page: 8 of 8
Order: 1353328 EXCEPTIONS BII COPIES Comment: PALM BEACH
IIII trwIlIIll a II~IIIIIIIIIIII
This Instrument Was Prepared By:
Peter L. Tunis, Esq.
Greenberg Traurig, LLP
401 E, Las Olas Boulevard, Suite 2000
Fort, Lauderdale, Florida 33301
CFN 20040629618
OR BK 17727 PG 1162
RECORDED 11/04/2004 13:39:32
Palm Beach County, Florida
A"T 19,853,000.00
Doc Stamp 138,971.00
Dorothy H Wilken, Clerk of Court
Pgs 1162 - 1164; (3pgs)
Upon Recording Return To:
Angie Rice
Chicago Title Insurance Company
1129 20Ih~et, N.W., Suite 300
Washingtyn:. C 20036
(\...~/";/)
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Prope ~ Tax 19~/
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\:>/)) 0 SPECIAL WARRANTY DEED
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Tl'l,{~~~CIAL WARRANTY DEED, made the ~ day of Or --fnh"l7" , 2004, by
BOYNTON "BEAG.f:! ,~OSPITALITY, LTD., a Florida limited partnership, a partnership
existing under t~J.a,~ of Florida, and having its principal place of business at 1475 W. Gateway
Boulevard, Bo~~ch, Florida 33426-8313, hereinafter called the "Grantor", to EQUITY
INNS PARTNE~jHP, L.P., a Tennessee limited partnership, whose address is
7'100 Wolf River.' IHv'khereinafter called the "Grantee":
GermantJl.wu, TN aa-1 . ..
(Wherever use<f.~r he terms "Grantor" and "Grantee" Include all the partIes to this
instrument and ~, .,:...,< legal .representatives and assigns of individuals, and the
successors and assl~t o,f.cb;poratJOns)
\.':::'_""'(...~.7
Witnesseth: That t~Z(frahtor, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and vatuabkconsideration, receipt whereof is hereby acknowledged, by
these presents does grant, barga~~!) alien, remise, release, convey and confinn unto the said
Grantee, all that certain land situ~~' Palm Beach County, Florida, viz:
See Exhibit" A ", attached ht6tS-dhd made a part hereof.
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SUBJECT TO: Covenants, '~fe~Ets, restrictions and other matters of record; all
applicable zoning ordinances; an'(j~~~s)for the year 2004 and subsequent years.
~'/-"".
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Together, with all the tenements, her~ri~p~)and appurtenances thereto belonging or
in anywise appertaining. ~/~5"":~:',
~" "': " ~
TO HAVE AND TO HOLD, the same ~~,~~pfe forever.
AND, the Grantor hereby covenants with ~~fd~G~~ntee that it is lawfully seized of said
land in fee simple; that it ~as good.right and law~ul a~~~!o~lI and.convey said land,.that it
hereby fully warrants the tItle to saId land and wIll defethfl tbe~e agamst the lawful claims of
all persons claiming by, through or under the said Granto~:$-/
...':::~
IN WITNESS WHEREOF, the Grantor has caused(~es~,)presents to be executed in its
name, and its corporate seal to be hereunto affixed, by 'rt~PJ~r officers thereunto duly
authorized, the day and year first above written. {( j)
"~::':<::Y)..
[Signature appears on following P~~'c'..) )
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Book17727/Page1162
Page 1 of 3
Signed, sealed and delivered in
the presence of:
SELLER:
~~
BOYNTON BEACH HOSPITALITY, LTD., a Florida
limited partnership
By:
BOYNTON BEACH HOSPITALITY, INC., a
Florida co oration, its general partner
By: ·
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STATE OrlJ /.( () \ )
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COUNTY OF "J':. 1
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The foregoing ins~~~ent~as acknowledged before me this 15...- day of odo~ , 2004, by
::\,l>!"n s., t' 6\.~/~~~ \YI' ~~),-(..-&.{- of BOYNTON BEACH HOSPITALITY, INC., a
Florida corporation, g~!!11artner of BOYNTON BEACH HOSPITALITY, LTD., a Florida Jimited
partnership. He persona~..-app~red before me, is personally known to me or produced~~,., dJ ~ Jz tt o'/Y"i
as identification, and did nKtaKe"~oath. (
>._(;;:~~ ---
,,::> Notary: ~ ,
[NOTARIAL SEA~J::i~ Print Name: ~t'V\ )jf~ {..,,)',>\
~"';fF~lf"" Ben Mccand.ti5? // Notary Public, State of ;:/ (/"l . J A
!m~ \CommissiOD#DD081M6 My commission expires: 1 1,- 100
:.ol1i ~E IlJ:piIes Jan. 2, 2006 (('::..::,:;-
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Book17727/Page1163
Page 2 of 3
EXHIBIT "A"
FEE PARCEL:
A parcel of land situate in Section 17, Township 45 South, Range 43 East, Palm Beach
County, ~rida, being a portion of Lots 1 and 2, QUANTUM PARK AT BOYNTON
BEACHY;'l~, PLAT NO.1, according to the plat thereof as recorded in Plat Book 57,
Page:tt~lic Records of Palm Beach County, Florida, being more particularly
descn~ed asjQ-llows:
''-'':''-')) . . :
Beginni~~':atjh) 'Southwest corner of said Lot 1, said point being on the North right of
way line '~~:G~ay Boulevard, formerly known as 22nd Avenue, as described in
Official Rec~d~;~l>Ok 1738, Page 1686, and Official Records Book 4594, Page 1454, of
the Public Records 9( ~lm Beach County, Florida; thence departing said North right of
way line and al~~ West line of said Lot 1, North 01 degree 43' 35" East, a distance
of 370.86 feet to\t.~Wrthwest corner of said Lot 1; thence along the West line of said
Lot 2, North 12 de.-grtes 44' 46" West, a distance of 216.53 feet; thence departing said
West line of Lot 2, N01jJJ::R degrees 15' 14" East, a distance of 184.48 feet; thence South
12 degrees 44' 47" E~~~~istance of 255.16 feet to a point on the North line of the
aforementioned Lot I; the~e:along the North line of said Lot 1, North 89 degrees 04' 47"
East, a distance of87.75 f~~t;.t,~~e departing said North line of Lot 1, South 00 degrees
55' 13" East, a distance otJ)9..:.4I' feet to a point on the aforementioned North right of
way line of Gateway BouIeYa'rd; thence along said North right of way line, South 89
degrees 04' 47" West, a distanc~~.36 feet to the Point of Beginning .
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Book17727/Page1164
A-I
Page 3 of 3
" .-
Ea EQUITY INNS
7700 Wolf River Boulevard
Germantown, TN 38138
Telephone 901-754-m4
December 11, 2006
Jared Weiner
PEBB Enterprises
6400 North Andrews Avenue, Suite 500
Fort Lauderdale, Florida 33309
Re: Hampton Inn and Suites - Boynton Beach, FL
Dear Jared:
This letter serves as Equity Inn's approval of the proposed use change adjacent to our Hampton
Inn and Suites in Boynton Beach, Florida as depicted in the attached drawing.
Per the terms of the Reciprocal Easement Agreement, approval is conditioned upon receiving our
lender's approval of the change. We have requested that our mortgagee review the request
promptly.
Please feel free to call if you have any questions.
d Ansbro
enior Vice President - Real Estate
Enclosure
EA/yc
cc: John Costas
Green Park Management
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City Codes Accessed Via Website
www.bovnton-bcach,org
www.amlcgaLcom/boynton_beach_fl.us
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICATION FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN
Has applicant attended a pre-application meeting? Yes
,Date 10-19-06
This application must be filled out completely, accurately and submitted as an original to the Planning and
Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans
including a recent survey and appropriate fee shall be submitted 'With the application for the initial process of
the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED.
Please print legibly (in ink) or type all information.
I.
GENERAL INFORMATION
,
~.~'~ ~;v
1.
Project Name: OPH Boynton Bank
,
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2. Property Owner's (or Trustee's) Name: OPH Boynton Realty
Address: 2240 SW 70th Avenue. Suite D Di'lvie FI, ",17
~ip Code)
Phone:
954-797-4924
Fax:
3. Applicant's name (person or business entity in whose name this application is made):
Jared weiner
Address: 6400 N. Andrews Avenue, Suite 500, Ft. Lauderdale. FL 33309
(Zip Code)
Phone: 954-771-3305 Fax: 954-771-3442
If contract purchaser, please attach contract for sale and purchase.
4. Agent's Name (person, if any, representing applicant):
N/A
Address:
(Zip Code)
Phone:
Fax:
E-Mail: jweiner@pebbent.com
5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute
is specified below:* Please send all correspondence to Jared Weiner
*This is the one address to which all agendas; letters and other materials will be mailed.
6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer,
contract purchaser, etc.)
Contract Purchaser
7. Street address of location of site:
1485 W Gateway Blvd.
8.
Property Control #(PCN)
08-43-45-17-06-000-0012
9.
","",,,
Legal description of site:
* SEE ATTACHED
10.
Intended use(s) of site:
To be used as a commercial bank
11.
Architect:
Kenneth Carlson, Architects - Kenneth Carlson
12. Landscape Architect: Seminole Bay Land Company - David Keir
13. Site Planner. Kenneth Carlson Architects
14. Engineer:
15. Surveyor: Caulfield & Wheeler
16.
Traffic Engineer:
N/A
17. Has a site plan been previously approved by the City Commission for this property?
Yes
II. SITE PLAN
The following information must be filled out below and must appear, where applicable, on all copies of
the site plan.
1. Land Use Category shown in the Comprehensive Plan:
2. Zoning District:
3. Area of Site 1.15 acres 50,286 sq. ft.
4. Land Use - Acreage Breakdown:
a. Residential, including acres % of site
surrounding lot area of grounds
b. Recreation Areas * acres % of site
(excluding water area)
c. Water Area acres % of site
d. Commercial 1.15 acres 100 % of site
e. Industrial acres % of site
f. Public/Institutional acres % of site
g. Public, Private and Canal rights-of-way acres % of site
h. Other (specify) acres % of site
i. Other (specify) acres % of site
2
j.
Total area of site ~, acres II % of site
*including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft.
by 50 ft.
5. Surface Cover
a.
Ground floor building -4. 99g
area ("building footprint")
acres
9.94
% of site
b.
Water area
acres
% of site
c. Other impervious areas, including paved area of public & private streets, paved area of parking
lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts.
acres % of site
d.
Total impervious area
acres
75
% of site
e. Landscaped area acres % of site
inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of
Landscape Code}.
f.
Other landscaped areas,
acres
% of site
g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas acres % of site
h. Total pervious areas acres 25 % of site
i.
Total area of site
1.15
acres
100
% of site
6. Floor Area
a. Residential sq. ft.
b. Commercial/Office 4,998 sq. ft.
c. IndustriallWarehouse sq. ft.
d. Recreational sq. ft.
e. Public/Institutional sq. ft.
f. Other (specify) sq. ft.
g. Other (specify) sq. ft.
h. Total floor area sq. ft.
7. Number of Residential Dwellina Units
a. Single-family detached sq. ft.
b. Duplex sq. ft.
c. Multi-Family (3 + attached dwelling units)
(1 ) Efficiency dwelling units
(2) 1 Bedroom dwelling units
(3) 2 Bedroom dwelling units
3
(4) 3+ Bedroom~,
dwelling units
dwelling units
d. Total multi-family
e. Total number of dwelling units
8.
Gross Density
dwelling units per acre
9.
Maximum height of structures on site
30 feet 1
stories
10. Required off-street oarkinQ
a.
Calculation of required # of
off-street parking spaces.
Off-street parking spaces
provided on site plan
42
25
=
=
=
b,
Calculation of required #
of handicap parking spaces
Number of handicap
spaces provided on site plan
3
=
REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL
TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD
OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY
COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT.
4
III. CERTIFICATION
(I) (We) understand that this application and all papelS and plans submitted herewith become a
part of the permanent records of the Planning and Zoning Division (I) 0Ne) hereby certify that the
above statements and any statements or showings in any papers or plans submitted herewith
are true to the best of (my) (our) knowledge and belief. This application will not be accepted
unless signed according to the instructions below.
Signature of Owner(s) or Trustee, of
Authorized Principal if property is owned by
a corporation or other business entity.
Date
urchaser (if applicant)
Date u(1bf:l
IV. AUTHORIZATION OF AGENT
11/~Dh
Date
(I) (We) r: y designate the above-signed person as (my) (our) authorized agent in regard to
this appl ation.
Signature of Owner(s) or Trustee,
or Authorized Principal if property is owned
by a corporation or other business entity.
Date
OR
Signature
ct purchaser (if applicant)
A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW
COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO
REVIEW THIS PROJECT.
8
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall
rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and
substantial.
The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data
which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be
constructed in strict compliance with the form in which they are approved, and any change to the same shall be
deemed material and shall place the applicant in \1olation of this application and all approvals and permits
which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the
applicant shall indemnify, reimburse and save the City of Boynton Beach harmlessllro any cost, expense,
claim, liabil' r any a . n which may arise due to their enforcement of the sam71e.
\<)i
AD, CK OW EDGED AND AGREED TO this day of (}Jt..ffi Q. I 20lli
9
bdNCURRENCY REQUIREME~ .,0
NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS
Please be advised that all applications for the following land development orders and permits which are
submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and
cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation,
park, and road facilities) would be available to serve the project, consistent with the levels of service which are
adopted in the City's Comprehensive Plan:
Building permit applications for the construction of improvements, which, in and by themselves, would
create demand for public facilities.
Applications for site plan approval.
Applications for conditional use approval.
Applications for subdivision master plan approval.
Applications for preliminary plat approval.
Applications for final plat approval.
Applications for rezoning to planned zoning districts.
Applications for revisions to any of the applications listed above, which would increase the demand
for any public facility.
Any other application, which, in and by itself, would establish the density or intensity of use of land, or
a maximum density or intensity of use of land.
Applications for development orders and permits submitted after February 1, 1990 and which
generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic
Performance Standards Ordinance, unless exempt from that ordinance.
Please be advised, however, that the following applications will be exemot from the Concurrency Management
Ordinance, pending final approval of this ordinance by the City Commission:
Applications for the development of property which was platted on or after January 13, 1978 and either
the final plat or the preliminary plat and Palm Beach County Health Department permit applications were
submitted or approved prior to June 1, 1990, and the use of the property is consistent with the general
use which was intended for the property at the time of platting.
Applications for the development of property, which was platted prior to January 13, 1978, the area of
the platted lots does not e)(Ceed 2 acres, and the proposed use would not generate more than 500 net
vehicle trips per day.
Applications for building permit, if a site plan or conditional use application was submitted prior to June
1, 1990 and subsequently approved and the site plan or conditional use has not expired.
Applications for the development of property within an approved Development of Regional Impact, and
which are consistent with the approved DR!.
Applications for approval of final plats, if the preliminary plat and application for Palm Beach county
Health Department permits for utilities have been submitted prior to June 1, 1990.
Applications for revisions to previously approved development orders or permits, which do not increase
the demand for any public facility.
10
Please be advised that these e~tion rules are tentative and will be subj~o final approval by the City
Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management
Ordinance, please contact the BO}flton Beach Planning &Zoning Division at (561) 742-6260.
CHAPTER 4
SITE PLAN REVIEW
Section 7. Submission Requirements.
Each applicant shall submit to the Planning and Zoning Di\ision the following plans and exhibits in the number
of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee
adopted by resolution by the City Commission.
12 ASSEMBLED COPIES REQUIRED
A. Existina site characteristics map: A sealed survey, not older than six months, showing all adjacent
streets, alleys and driveways, and also illustrating:
1. Existing natural features, including but not limited to lakes, tlees and other vegetation
and soils and topography,
2. Existing buildings, building elevations, other structures, including use, height, dimensions
and setbacks.
3. Existing utility lines and all easements.
4. Existing elevations (comer, street and finished floor)
B. Site development plan:
1, A scaled drawing clearly illustrating proposed buildings and other structures, and any
existing buildings and structures, which are to be retained, including use, height,
dimensions and setbacks.
2. Proposed off-street parking spaces, driveways and sidewalks, including location,
dimensions and setbacks, traffic control markings and signage.
3. Proposed fences and walls, including location, dimensions, setbacks, height and
material.
4. Proposed location of lighting on site.
5. Proposed dumpster location.
C. Landscape plan:
1. A separate scaled drawing (at the same scale as the site de\elopment plan) prepared as
required by state law clearly illustrating proposed trees, shrubs, grass and
2. Proposed berms, watercourses and other topographic features.
3. A notation on method of irrigation.
Architectural plan:
1. A scaled drawing clearly illustrating proposed building floor plan and elevations, including
11
height, exttl .Jr dimensions, exterior color and materi, ",.
2. A colored elevation drawing (not mounted) showing all elevations of the building. (This
submittal can be 'Naived by the Planning and Zoning Director when not applicable.)
E. Tabular Summary Contalnlna:
F. Oralnaae Dlan:
1.
1.
Total gross project area by acreage and square footage and net buildable land area in
acres and square feet.
Total number of proposed residential units, including characteristics by number of
bedrooms and bathrooms and gross square footage of each typical unit.
Proposed nonresidential floor type of use and total gross square footage.
Square footage and percentage distribution of the total project site, including areas
proposed for landscaped open space, vehicular use areas, other paved areas, and
building coverage and total coverage.
Number and ratio of required and provided off-street parking spaces and number of
loading spaces,
Water bodies in acres and square feet.
Height of buildings.
2.
3.
4.
5.
6.
7.
2.
A separate scaled drawing (at the same scale as the site de\€lopment plan) showing
elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc.
An engineer's certification in writing that drainage will conform with all rules, regulations,
codes, etc. including, but not limited to, Chapter6, Article IV, Section 5 ofthese Land
Development Regulations.
12
1485 West Gateway Boulevard Legal Description
A PARCEL OF LAND, IN LOT 1 OF THE PLAT OF QUANTUM PARK AT
BOYNTON BEACH, P.I.D. NO.1, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 57, PAGES 182 AND 183, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH
89 DEGREES 04 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF
SAID LOT 1 A DISTANCE OF 156.06 FEET; THENCE NORTH 00 DEGREES 55
MINUTES 13 SECONDS WEST, A DISTANCE OF 370.47 FEET TO THE NORTH
LINE OF SAID LOT 1; THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS
EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 115.42 FEET
TO THE WEST RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT
CANAL E-4, AS SAME IS RECORDED ON OFFICIAL RECORDS BOOK 4545,
PAGES 1296 AND 1297, PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS;
THENCE SOUTH 07 DEGREES 10 MINUTES 49 SECONDS EAST ALONG SAID
WEST RIGHT-OF-WAY LINE A DISTANCE OF 372.69 FEET TO THE POINT OF
BEGINNING
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The City of Boynton Beach
Arts Commission
129 East Ocean Avenue
Boynton Beach, F~orida 33435
561.742,6784
PUBLIC ART INFORMATION FORM
THIS APPLICATION MUST BE SUBMITTED ALONG WITH THE SITE PLAN APPLICATION
Project Name OPH Boynton Bank
Project location 1485 Gateway Blvd.
Company Name Isla Verde Land Investors, Ltd.
Company Address 6400 N. Andrews Avenue, Suite 500, Ft. Lauderdale, FL 33309
Company Phone 954-771-3305
Web site www.pebbent.com
Contact Person Jared Weiner
Phone 954-771-3305 Email jweiner@pebbent.com
Project contact name Jared Weiner
Phone 954 -771-3305 Email jweiner@pebbent.com
Project description (include the projects design/image intent, special features/amenities, special
construction materials)
The applicant is intending to modify the existing restau7rant on the site to make the builrlinQ
suitable for a commercial bank use. The applicant is enhancing the overall aesthetics of the
y add~ng decorative molding, adding stucco features and repainting the building.
Project markets to Commerci al hanks
Art Location/s N/A
Is the Art Location accessible to the public? Yes
No
x
Developer/Architect/designers concept for art
N/A
Will artist be hired by developer No (yes or no)
If yes, artist resume must be submitted to Arts Commission for approval
Call to Artists required through the Arts Commission (yes or no)
*Construction (preliminary) value for the project $300,000
1%PublicArtFee1%= $3,000
% budget for the Art element/s of the project 70% =
Elect to pay public Art Fee in lieu of Public Art in Proiect Yes
Site plan date
Estimated completion date 6/1/07
Arts Commission meet date
Date received ordinance with recommendations and guidelines
*Official construction valuation to be submitted with permit application,
s: \Plar.r.ing\Plann.:..ng Templates\Pllolic Art :nformatlon\bla:Jkart:crrr.2 doc
13
City of Boynton Beach
Building Division
RESIDENTIAL & COMMERCIAL
PROPOSED BUILDING PROJECTS
Name of Project:
OPH Boynton Bank
Type of Project (Residential/Commercial)
Commercial
Description (town homes, condos, single-family, etc.)
(office, retail, warehouse, restaurant, office,
etc. )
Commercial Bank
Number of Dwelling Units/Bays
N/A
Number of Buildings (estimated)
1
Square footage:
+/- 4,500 s.f.
Valuation:
Building Permit Application Submittal Prior to October 1, 20
or No)
?
(Yes
Proposed Construction Start Date
4/1/07
Name of Agent: Jared weiner
Address:
6400 N. Andrews Avenue, Suite 500
City/State/Zip Code:
Ft. Lauderdale, FL 33309
Phone:
954-771-3305
(cell)
Name of Owner:
OPH Boynton Realty
Address:
2240 SW 70th Avenue, Suite D
City/State/Zip Code:
Davie, FL 33317
Phone:
954-77-4924
(cell)
Revised 9/15/05
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1-
COMMERCIAL CONTRACT
1. PURCHASE AND SALE:
ISLA VERDE LAND INVESTORS, LTD., a Florida Limited PARTNERSHIP
("Buyer") ~
agr,ees to buy and OPH/BOYNTON ~ ~AL TY, LC, a Florida Limited Company located at 2240 SW
70th Avenue, Unit D, Davie, Florida 33317
("Seller")
agrees to sell the property consisting of the real property and all improvements thereon
commonly known as:
1485 Gateway Boulevard, Boynton Beach, Florida
Legal Description:
A PARCEL OF LAND, IN LOT 1 OF THE PLAT OF QUANTUM PARK AT BOYNTON BEACH, P.LD.
NO.1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 57, PAGES 182 AND
183, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 89 DEGREES 04
MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 156.06
FEET; THENCE NORTH 00 DEGREES 55 MINUTES 13 SECONDS WEST, A DISTANCE OF 370.47
FEET TO THE NORTH LINE OF SAID LOT 1; THENCE NORTH 89 DEGREES 04 MINUTES 47
SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 115.42 FEET TO THE
WEST RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT CANAL E-4, AS SAME IS
RECORDED ON OFFICIAL RECORDS BOOK 4545, PAGES 1296 AND 1297, PALM BEACH COUNTY,
FLORIDA, PUBLIC RECORDS; THENCE SOUTH 07 DEGREES 10 MINUTES 49 SECONDS EAST
ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 372.69 FEET TO THE POINT OF
BEGINNING.
(referred to as the "Property") on the terms and conditions set forth below. Certain improvements located on the
Property are currently being used by the Original Pancake House Restaurant ("OPH") under a lease referred to
in Article 30 hereof. The parties acknowledge that this purchase and sale does not include any trade fixtures,
furniture, equipment or other personal property located in the OPH. The "Effective Date" of this Contract is the
date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods
of 5 days o,! less will be computed without including Saturday, Sunday, or national legal holidays and any time
period endmg on a Saturday, Sunday or national legal holiday will be extended until 5:00 p.m. of the next
business day.
2. PURCHASE PRICE: ALL CASH AT CLOSING
(a) Deposit held in escrow by Buyer's Title InsuraEce Agent,
. DAVID WEISMAN, ESQ. ("the Escrow Agent") within 3 days
from Effective Date
(b) Additional deposit to be paid to the Escrow Agent within 3 days
from Expiration of Due Diligence Period
( c) Balance to close, subj ect to adjustments and prorations,
B~U oed S"", ~ l_~} ","","'dg' "~Ipl pf , ropy of thl, P'9'. which " P'9' l pf -'L P'9".
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to be cash, cashier's check or wire transfer.
3. TITLE AND SURVEY MATTERS:
(a) Commitment. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer a copy
of existing owner's title insurance policy with respect to the Property (the "Title Evidence"). Buyer will obtain
an initial title update with respect to the Property ("Initial Title Update") and based on the Title Evidence and
the Initial Title Update, Buyer may have a title commitment issued at Buyer's expense (the "Commitment").
Prior to the Closing, Buyer may obtain an endorsement to the Commitment ("Update Endorsement") that
updates the effective date of the Commitment. The Commitment and Update Endorsement shall be
accompanied by legible copies of all documents referenced therein.
(b) Surveys. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer a copy of
Seller's existing survey of the Property ("Existing Survey"). Prior to the Closing, Buyer may obtain an update
of the Existing Survey ("Updated Survey").
(c) Defects. Title to the Property as reflected by the Commitment, Update Endorsement, Existing
Survey, Updated Survey and the Policy (defined in (d) below) shall be subject only to ad valorem taxes for the
year of Closing and any additional matters which do not adversely affect Buyer's title to the Property or restrict
Buyer's intended use of the Property (collectively, "Permitted Encumbrances"). If any of the foregoing
contains any matter, requirement or exception other than a Permitted Encumbrance ("Defect"), Buyer shall be
entitled to notify Seller in writing of Buyer's objection to the Defect prior to the expiration ofthe Due Diligence
Period referred to in Article 7 hereof
Seller shall use Seller's best, good faith efforts to cure any Defect objected to by Buyer to the reasonable
satisfaction ofthe Buyer's Title Company (the "Title Company") and Buyer within sixty (60) days after Buyer's
notice of objection is received by Seller, or within such longer period that may be granted in writing by Buyer,
and the Closing shall be delayed as reasonably necessary to allow time for the Defect to be cured by Seller. If
Seller is unable to cure any Defect to the reasonable satisfaction of the Title Company and Buyer within said
period, Seller shall notify Buyer in writing of any Defect that Seller is unable to cure and, following receipt of
such notice from Seller, Buyer shall have the option either to (i) waive the uncured Defect in writing and
proceed with this transaction; or (ii) terminate this Contract in writing and receive a refund of the Deposit,
whereupon Escrow Agent shall return the Deposit to Buyer and the parties shall be relieved of all further
liability under this Contract. Notwithstanding the foregoing, the Seller shall have no obligation to cure the
Defect which would result in Seller incurring a monetary obligation in excess of $50.000.00, provided,
however, that the foregoing limitation shall not apply to any Defect created by the Seller.
Seller shall not at any time enter into any agreement affecting the Property or grant or suffer any lien,
mortgage or other encumbrance of any of the Property, contract to sell any portion of the Property to anyone
other than Buyer or convey any interest in any portion of the Property, including without limitation any
easement or right-of-way, to any public or private person or entity without the prior written consent of Buyer.
(d) Title Policies. At the Closing, Buyer shall cause the Title Company to issue a separate owner's
title insurance policy ("Policy") in accordance with the Commitment and Update Endorsement.
4. CLOSING DATE AND PROCEDURE: The closing of the purchase and sale ofthe Property ("Closing")
pursuant to this Contract shall occur thirty (30) days after the expiration of the Due Diligence Period set forth
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in Article 7 hereof ("Closing Date") unless otherwise extended hereby. The Closing shall take place in
Broward County, Florida at the Escrow Agent's office, or at such other place as the parties may determine.
(a) Expenses. Seller shall pay for state documentary stamps required to be affixed to the deed, and the cost
of the Initial Title Update. Buyer shall pay the premium and other costs associated with issuing, updating
and endorsing the Commitment and Policy. Seller shall pay the cost to prepare and record any instrument
required to cure any Defect, and any other expense agreed in this Contract to be paid by Seller. Buyer shall
pay the cost of the Updated Survey, the cost to record the deed to Buyer, and any other expense agreed in
this Contract to be paid by Buyer. Except for the attorneys fees and costs referred to in Article lO hereof,
each party shall pay their own respective attorneys fees.
(b) Taxes. Ad valorem taxes for the year of the Closing shall be prorated at the Closing based upon
November discount. If the Closing occurs before the millage rate is fixed for the applicable year, the
proration of taxes shall be based upon the millage rate for the preceding year applied to the latest available
assessed valuation. The proration shall be recalculated and adjusted by way of cash payment at the request
of either party when the actual tax for the year of Closing is known. Certified, confirmed, and ratified
special assessment liens as of the Closing are to be paid by Seller. Pending liens as of the Closing shall be
assumed by Buyer; provided, however, where improvements have been substantially completed as of the
Closing, such pending liens shall be treated as certified and Seller shall be charged at the Closing an amount
equal to the last estimate by the public body of the assessment for the improvement.
(c) Closing Documents. The following documents, in form and content reasonably acceptable to Buyer,
shall be executed and delivered at the Closing:
(i) Special Warranty Deed. Seller shall deliver a special warranty deed for the Property
(subject only to the Permitted Encumbrances).
(ii) Endorsement. Seller will deliver to the Title Company an affidavit reasonably required
by the Title Company to issue an endorsement to the Commitment that insures against the existence of defects
in title between the most recent effective date of the Commitment and the recording of the deed.
(iii) Affidavits. Seller shall deliver the Non-Foreign Affidavit required by Section 25, and an
affidavit on behalf of Seller attesting to the absence of any claim or suit (threatened or pending), judgment
outstanding against Seller, pending or anticipated bankruptcy or reorganization, pending or anticipated
assessments, mortgage, financing statement, claim of lien or potential lienors known to Seller, and further
attesting as to whether there has been any service, labor or material provided to or for the benefit of the Property
during the ninety (90) day period preceding the Closing. If any service, labor or material has been provided
within said period (except for services, labor and materials provided at the request of Buyer for the Inspections),
Seller shall deliver such affidavits, releases and waivers of lien rights from such persons as shall be reasonably
required by the Title Company in order to insure against potential liens or claims.
(iv) Closing Statement. Each party shall deliver a closing statement.
(v) Other Documents. Each party shall deliver such other documents as may be required by
this Contract or are reasonably requested by either party or the Title Company.
(d) Prorations and Escrow Balance: Taxes and other expenses shall be prorated as of the date of Closing.
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( e) Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of the date of
Closing (and not as of the date of this Contract) are to be paid by the Seller. Pending liens as of the date of
Closing shall be assumed by the Buyer
(1) Proceeds of Sale: All net proceeds of sale after prorations and adjustments in accordance herewith shall
be disbursed to the Seller at Closing.
(g) N on- Foreign Status. Seller acknowledges that 91445 of the Internal Revenue Code of 1954, as
amended, requires that a purchaser of real property from a "foreign person" withhold at closing and pay to the
Internal Revenue Service a portion of the amount realized by the seller. Seller agrees to provide at closing an
affidavit of Seller, or Seller's principal partner, trustee or officer if Seller is not an individual, in form required
by Buyer, setting forth sufficient facts to establish whether or not Seller is a "foreign person" within the
meaning of 91445, including without limitation Seller's taxpayer identification number and principal home or
business address. If Seller is a "foreign person", Seller agrees to make available to Buyer at the Closing
collected funds sufficient to permit compliance by Buyer with the requirements of 9 1445.
5. ESCROW: Buyer and Seller authorize Buyer's title insurance agent, DAVID WEISMAN, ESQ.,
Telephone: 954-343-6941; Facsimile: (954) 343-6942, Address: Greenspoon Marder Hirschfeld Rafkin Ross
Berger & Abrams Anton Suite 700, 100 West Cypress Creek Road, Fort Lauderdale, Florida 33309 to act as
Escrow Agent to receive funds and other items and, subject to clearance, disburse them in accordance with the
terms of this Contract. Escrow Agent will deposit all funds received in an interest bearing escrow account with
interest accruing to Buyer, disbursed at Closing except in the event of a default by Buyer, in which case interest
shall be disbursed to the Seller. If Escrow Agent receives conflicting demands or has a good faith doubt as to
Escrow Agent's duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow
until the parties mutually agree to its disbursement or until issuance of a court order or decision of arbitrator
determining the parties' rights regarding the escrow or (b) deposit the subject matter of the escrow with the clerk
of the circuit court having jurisdiction over the dispute. Upon notifying the parties of such action, Escrow Agent
will be released from all liability except for the duty to account for items previously delivered out of escrow. If
a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter 475, Florida
Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder
or interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs
at all levels, with such fees and costs to be paid from the escrowed funds or equivalent and charged and
awarded as court or other costs in favor of the prevailing party. The parties agree that Escrow Agent will not be
liable to any person for misdelivery to Buyer or Seller of escrowed items, unless the misdelivery is due to
Escrow Agent's willful breach ofthis Contract or gross negligence.
6, PROPERTY INFORMATION: Within ten (10) days after the Effective Date, Seller shall deliver to
Buyer, without charge, copies of all information in Seller's possession or control as of the Effective Date,
including but not limited to all permits, licenses, approvals, orders, notices, consents, certificates, agreements,
appraisals, boundary and topographical surveys, reports (including, without limitation, soils reports and
environmental), tests, studies, construction and site plans and other plans, specifications and plats which are
currently in Seller's possession, that may assist Buyer in its evaluation of the Property. In addition, within three
(3) days after Seller receives any additional information of the types described above while this Contract
remains in effect, Seller shall deliver copies of such additional information to Buyer. All of the foregoing
information is collectively referred to as the "Property Information". At the Closing, the Property Information
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shall be assigned and belong to Buyer. If this Contract is terminated before the Closing, Buyer shall return the
Property Information to Seller upon the termination of this Contract.
7. DUE DILIGENCE PERIOD:
(i) Buyer shall have until midnight on the one hundred fiftieth (150th) day after the Effective
Date of this Contract ("Due Diligence Period") to evaluate all matters deemed relevant by Buyer with respect to
the Property and the Development and to determine, in Buyer's sole discretion, whether or not they will be
suitable to Buyer. Buyer shall have the absolute and unconditional right to terminate this Contract during the
Inspection Period. If Buyer notifies Seller in writing during the Inspection Period that the Property is not
suitable to Buyer, then, in such event, this Contract shall automatically terminate, the Deposit and all accrued
interest shall be refunded to Buyer by Escrow Agent and the parties shall be relieved of all further obligations
and liabilities under this Contract. Buyer's inspections of the Property pursuant to this inspection contingency
shall be for the sole benefit of Buyer and shall not limit or negate any of the Seller's obligations,
representations, or warranties set forth in this Contract.
(ii) Entry. Upon reasonable, prior written notice to Seller, Buyer and Buyer's agents,
architects, engineers, surveyors and other consultants (collectively, "Inspectors") may enter upon the Property at
any time while this Contract remains in effect to conduct such investigations, surveys, studies, tests and
analyses (collectively, "Inspections") as Buyer may deem necessary or appropriate. When such Inspections
have been completed, Buyer will restore the Property to the same condition as existed before such entry. Buyer
shall be liable for and shall agree to hold harmless, defend and indemnify Seller from and against all loss,
liability, and unpaid bills arising out of entry upon the Property by Buyer and any and all damages caused to the
Property or any portion thereofby any of the Inspectors. Buyer's obligations under this paragraph shall survive
the Closing or the earlier termination of this Contract.
(iii) Notwithstanding anything contained herein to the contrary, the Due Diligence Period
shall expire upon the date the Buyer notifies the Seller in writing that the Buyer intends to consummate the
purchase of the property in accordance herewith, in which case the Buyer shall have the right, at its option, upon
not less than sixty (60) days prior written notice to Seller and Tenant to close the Purchase prior to the thirty
(30) day period referred to in Article 4 hereof; however, in no event shall Closing take place prior to March 1,
2007 subject to compliance with all terms and conditions of this Contract, including the compliance with the
conditions of Article 26 hereof "Contingency).
8, RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this
Contract is not met and Buyer has timely given any required notice regarding the condition having not been
met, Buyer's deposit will be returned with interest in accordance with applicable Florida laws and regulations.
9. DEFAULT: In the event of default of either Party, the rights of the non-defaulting Party and the Broker
shall be as provided herein and such rights shall be deemed to be the sole and exclusive rights in such event: (a)
If Buyer fails to perform any of the covenants of the Contract, all money paid or deposited and interest accruing
thereon pursuant to this Contract by the Buyer shall be retained by or for the account of the Seller as
consideration for the execution of this Contract as agreed and liquidated damages and in full settlement of any
claims for damages by the Seller against the Buyer. (b) If Seller fails to perform any of the covenants of this
Contract, all money paid or deposited pursuant to this Contract by the Buyer shall be returned to the Buyer upon
demand, or the Buyer shall have the right of specific performance.
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10, ATTORNEY FEES AND COSTS: In connection with any litigation arising out of this Contract, the
prevailing Party, whether Buyer, Seller or Brokers, shall be entitled to recover all costs incurred including
attorney's fees for services rendered in connection with any enforcement of breach of contract, including
appellate proceedings and post judgment proceedings.
11. SELLER'S AFFIDAVIT: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the
absence of any claims of lien or potentiallienors known to Seller. If the Property has been improved within
ninety (90) days prior to Closing, Seller shall deliver to Buyer an affidavit setting forth names and addresses of
all contractors, subcontractors, suppliers and materialmen and stating that all bills for work on subject Property
have been paid. Buyer may require releases of all potential liens. Furthermore, the Affidavit shall state that
there are no matters pending against the Affiant that could give rise to a lien that would attach to the Property,
between the disbursing of the closing funds and the recording of the instrument of conveyance, and that Seller
has not, and will not, execute any instrument that should adversely affect the title to the Property.
12. BROKERS: Seller and Buyer each represents and warrants to the other that, no broker or finder has been
engaged by it in connection with this transaction. If a claim for broker's or finder's fee or commission is
asserted in connection with the negotiation, execution or consummation of this Contract in violation of this
representation, warranty and agreement, the party at fault shall indemnify, save harmless and defend the other
party from and against such claim (including reasonable attorney, paralegal and expert fees and disbursements
in all proceedings and at all levels of proceedings). This section shall survive the Closing or the earlier
termination of this Contract.
13. MISCELLANEOUS: This Contract shall be governed, construed, and enforced in accordance with the
law of the State of Florida (excluding its conflicts of laws provisions). This Contract embodies the entire
agreement between the parties and supersedes all prior and contemporaneous written, oral, implied, and express
agreements and understandings relating to the Property. No covenant, agreement, representation or warranty,
whether written or oral, made or executed by any party hereto or its agent shall bind any party hereto unless
specifically set forth in this Contract. The provisions of this Contract may be waived or amended only by
written instrument executed by the party against whom enforcement of the waiver or amendment is sought.
Buyer shall have the right, but not the obligation, to waive in writing any unsatisfied obligation of Seller or any
other condition precedent to Buyer's obligation to purchase the Property pursuant to this Contract. The section
headings herein contained are for the purposes of identification only and shall not be considered in construing
this Contract. All of the parties to this Contract have participated freely in the negotiation and preparation of
this Contract and this Contract shall not be more strictly construed against anyone of the parties hereto. This
Contract may be executed in any number of counterparts, each of which shall be deemed an original and all of
which together shall constitute one and the same instrument. The terms of this Contract constitute the entire
agreement between Buyer and Seller. Modifications of this Contract will not be binding unless in writing,
signed and delivered by the party to be bound. Signatures, initials, documents referenced in this Contract,
counterparts and written modifications communicated electronically or on paper will be acceptable for all
purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to
this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or
unenforceable, all remaining provisions will continue to be fully effective. This Contract will be construed
under Florida law and will not be recorded in any public records. Delivery of any written notice to any party's
agent will be deemed delivery to that party.
14. REPRESENTATIONS OF SELLER: Seller covenants and warrants that, with respect to
the subject Property as of the Effective Date and the Closing:
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a) Seller holds Title to the Property free and clear of all liens and encumbrances
except as set forth herein;
b) It has not received any notices of violations of any zoning ordinances, building codes, or any
other governmental regulations;
c) To the best of Seller's knowledge without independent investigation, Seller has not received
notice of any restrictions, agreements, contracts or other obligations, which would restrict the
Buyer's use ofthe subject Property, as and for an office building/retail/general commercial;
d) To the best of Seller's knowledge, Seller has not received any notice of any action, pending or
threatened, which would, in any way whatsoever, affect the Buyer's use of the subject Property,
as and for an office building/retail/general commercial;
e) There are no pending liens of which the Seller is aware;
f) Seller is a limited liability company duly organized and existing in good standing under the
laws of Florida.
g) Seller has the power to enter into and perform its obligations under this Contract without
approval or consent of any other person or entity, and Seller has the legal capacity to
consummate this transaction;
h) The person signing this Contract on behalf of Seller is fully authorized to do so; and
i) Seller is not a "foreign person" within the meaning of Section l445(f)(3) of the Internal
Revenue Code as amended.
All of the representations, warranties, covenants and agreements set forth herein and elsewhere in the
Contract shall be true upon the execution hereof, shall be deemed to be repeated at and as of the Closing Date.
Buyer's obligation hereunder shall be contingent upon the continued accuracy of all Seller's representations,
warranties and covenants contained herein, which representations, warranties and covenants shall survive
Closing for a period of six (6) months.
15, MORATORIUM: If any judicial decree is entered, governmental order is issued or moratorium is
imposed prior to the Closing that would impair or delay Buyer's development or use of the Property for the
Intended Use, Buyer may at its option elect either to (a) terminate this Contract, whereupon Escrow Agent shall
return the Deposit to Buyer and the parties shall be relieved of all further liability under this Contract, or (b)
close in accordance herewith.
16. BUYER'S REPRESENTATIONS: Buyer represents and warrants to Seller as of Effective Date and as of
the Closing that: (a) Buyer has full power and authority to enter into this Contract and to comply with the terms
of this contract; and (b) the person signing this Contract on behalf of the Buyer is fully authorized to do so.
17, RISK OF LOSS: Except as provided in Subsection 6(a)(ii), Seller shall bear the risk of loss to the
Property until the Closing. Seller shall deliver the Property to Buyer at the Closing in the same condition that
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~ (_) and Selle~_) acknowledge receipt of a copy of this page, which is page l of ~ Pages,
the Property exists on the Effective Date of this Contract. Seller shall not permit or commit any waste or
nuisance on the Property, remove any trees or excavate, remove or add any dirt or other material from or to the
Property, or permit or commit any other act that would diminish the value of any of the Property or delay or
increase the difficulty or expense of developing or using the Property for the Intended Use.
18. LITIGATION: In connection with any litigation arising out of this transaction, or the interpretation or
enforcement of this Contract, the prevailing party shall be entitled to recover from the party not prevailing its
reasonable costs and attorney, paralegal and experts' fees in connection with all proceedings and all levels of
proceedings. Venue for any litigation arising out of this Contract shall lie only in Broward County, Florida.
This section shall survive the Closing or the earlier termination of this Contract.
19. SURVIVAL: All representations and warranties made by Seller in this Contract, and any other
provisions hereof which relate to matters extending beyond the Closing, shall survive the Closing and delivery
of the deed for a period of six (6) months.
20, NOTICES: All notices and other communications relating to this Contract shall be written and sent (a)
by personal delivery, (b) by commercial courier, ( c) certified United States Mail, return receipt requested, or (d)
by fax, to the following addresses:
As to Buyer:
ISLA VERDE LAND INVESTORS, LTD.
6400 North Andrews Avenue, Suite 500
Fort Lauderdale, Florida 33309
954-771-3305 954-771-3442 Fax
As to Seller:
OPH/BOYNTON BEACH REALTY, LC
a Florida Limited Company
2240 SW 70th Avenue, Unit D
Davie, Florida 33317
with a copy to:
Gary S. Singer, Esq.
Mombach, Boyle & Hardin, P.A.
500 East Broward Boulevard, Suite 1950
Fort Lauderdale, Florida 33394
As to Escrow Agent:
David Weisman, Esquire
Greenspoon Marder Hirschfeld Rafkin Ross & Berger
100 West Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309-2195
(954) 343-6941 (954) 343-6942 Fax
Notices shall be effective upon actual receipt. Any party may change the address to which notices are to be sent
to such party by written notice to the other party(ies) specifying such change of address. Seller's and Buyer's
attorneys are hereby authorized to send and receive notices hereunder on behalf of their respective clients.
21. ESCROW AGENT: Escrow Agent is authorized and agrees by acceptance of the Deposit to hold and
deliver the same or the proceeds thereof in accordance with this Contract. In the event of doubt as to its
liabilities or duties, Escrow Agent may, in its sole discretion and any other provision of this Contract to the
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contrary notwithstanding, (a) continue to hold the Deposit or the proceeds thereof until the parties mutually
agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall determine the
rights of the parties thereto, or (b) deliver the Deposit or the proceeds thereof to the Clerk of the Circuit Court of
the County where the Property is located, and, upon notifying all parties concerned of such action, any liability
on the part of Escrow Agent shall fully terminate except to the extent of accounting for any monies or
documents previously delivered out of escrow. The parties agree that Escrow Agent shall not be liable to
anyone for erroneous delivery to Buyer or Seller of any money or document held in escrow unless such
erroneous delivery shall be due to willful breach of this Contract or gross negligence on the part of Escrow
Agent. Buyer and Seller each agrees to indemnify Escrow Agent against, and to hold Escrow Agent harmless
from, any and all loss, cost or expense, including reasonable attorney, paralegal and expert fees and
disbursements, resulting from Escrow Agent's performance of its obligations and exercise of its prerogatives
hereunder. Escrow Agent shall not be liable for any loss resulting from any default, error, action or omission of
Buyer or Seller, loss or impairment of funds in the course of collection or while on deposit resulting from
failure or suspension of the depository institution, or Escrow Agent's compliance with any legal process, order
or judgment of any court, whether or not subsequently vacated or modified. Buyer and Seller acknowledge that
Escrow Agent shall not be liable for any loss arising from the fact that the common escrow account maintained
by Escrow Agent for this and other matters may cause the aggregate amount of any individual depositor's
account to exceed applicable deposit insurance coverage. Escrow Agent shall be permitted to resign, in which
event the parties shall promptly appoint a substitute escrow agent and direct the Escrow Agent to transfer the
Deposit to the substitute escrow agent. The provisions of this section shall survive the Closing or the earlier
termination of this Contract and may not be amended without the prior written consent of Escrow Agent.
22. SEVERABILITY: This Contract is intended to be performed in accordance with, and only to the
extent permitted by, applicable law. If any provision of this Contract or the application thereof to any person or
circumstances shall be invalid or unenforceable for any reason, the remainder of this Contract and the
application of such provision to other persons or circumstances shall not be affected and shall be enforced to the
greatest extent permitted by law.
23. SUBMISSION, EFFECTIVE DATE: The submission by Buyer to Seller of this Contract in an
unsigned form shall be deemed to be a submission solely for Seller's consideration and review. Such
submission shall have no binding force and effect, shall not constitute an option or an offer, and shall not confer
any rights upon either party or impose any obligations upon either party irrespective of any reliance thereon,
change of position or partial performance unless and until Buyer and Seller shall have both executed this
Contract and delivered the same to each other. "Effective Date" means the last date that the last signatory for
either Buyer or Seller executes this Contract. Any reference in this Contract to a time period ofless than six (6)
days shall, in the computation thereof, exclude Saturdays, Sundays, and legal holidays. Any time period
provided for herein which ends on a Saturday, Sunday or legal holiday shall automatically extend through and
including the next business day.
24. MUTUAL CONFIDENTIALITY: Buyer and Seller agree to keep all discussions and negotiations
with 'Buyer and Seller, which shall include, without limitation, the terms of this Agreement and the identity of
the Buyer, in strictest confidence and shall not disclose the same (except as may be otherwise required by law)
except to Buyer's and Seller's attorneys or professional advisors who are actively and directly participating in
the transaction, each of whom will be informed by Buyer and Seller of the confidential nature of this transaction
and all discussions, negotiations and terms thereof, be provided with a copy of this provision, and agree to
observe the same terms and conditions set forth herein as if specifically named a party hereto.
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25. ASSIGNMENT: This Contract and all rights granted Buyer hereunder shall not be assigned without
the prior written consent of the Seller in its sole and absolute discretion provided, however, that the Buyer shall
have the right to assign this Contract and all rights granted Buyer hereunder without the consent of the Seller to
any entity to which the principals of the Buyer have an ownership interest.
26. CONTINGENCY: This Contract and all obligations and covenants on the part of the Seller and the
Buyer contained herein shall be subject to and conditioned upon: a) the Seller delivering to the Buyer on or
before the expiration ofthirty (30) days from the Effective Date hereof a Surrender, Release and Termination of
Lease Agreement from Yamil, Raquel, LLC, a Florida Limited Liability Company ("Tenant") in form and
substance satisfactory to the Buyer, which Agreement shall provide in part that that certain Lease dated October
14, 2005 by and between the Seller and the Tenant with respect to certain improvements on the Property
including, but not limited to, the Original Pancake House ("Demised Premises") shall be terminated and that the
Tenant agrees to surrender and release all of its right, title and interest in and to the Lease and the Demised
Premises upon the date of the Closing; and b) a simultaneous closing with respect to that certain Purchase and
Sale Contract between the Buyer and OPH/Coral Springs Realty, L.C., a Florida Limited Liability Company,
with respect to that certain property located at 1840 University Drive, Coral Springs, Florida.
27. COOPERATION: Seller and Buyer agree to cooperate with each other in connection with Buyer's
proposed redevelopment of the Property provided that Seller shall join in such reasonable documentation as
may be requested by Buyer in connection with said redevelopment. Notwithstanding the foregoing, Seller shall
not be obligated to join in any documentation which would affect the operation of an Original Pancake House
Restaurant at the Property. Additionally, in the event Closing is not effectuated, Buyer agrees to join in any
reasonable documentation requested by Seller relating to its ownership of the Property from and after that date.
28, EFFECTIVE DATE: The parties acknowledge that the Effective Date is October 3,2006.
DEPOSIT CEIPT: Dep 't of $Stltf'?V'by ~ check 0 other
~'ttC
received on
Signature of Escrow Agen
OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless a eptance is signed
by Seller and a signed copy delivered to Buyer or Buyer's agent no later than the end of business on
W~nes.4ay, Octog.er 4,2006. Buyer y revWce tyis o. ffe.f and re.c eive ~fund 9.Ytll. deposits. ,/ /
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Date: Od.bj,r J/ Z'" 0 , _ ., Tax ID No: ~~;:::iiJ:IiL
Title: Tele hone: 954-771-3305 Facsimile: 954-771-3442 )f~
Address: 6400 N. Andrews Avenue, Fi. Lauderdale, FL 33309
Date:
BUYER:
Title:
Address:
Telephone:
Tax ID No:
Facsimile:
ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions
(stl.'ujed to. Llll;:; a.tta.cheG-c.ounter offer). ~ u.. ,
".. ~ ~'\-\ ~ Rea-, 'II LC-
Date: 0 cruLr,' J, lYl>~ SELLER: . Tax ID No:
. ~ S-\::" :fY\€-\h. C',-\ V"i ~ttl~
TItle: Telephone: Fa~imile:
~L-J aod $,"ee ~) a,'"owl,dg, co";p! of a copy of 10;, pag', wh;,h " pag' --1JL. of JL Pag""
Address:
Date:
SELLER:
Tax ID No:
Title:
Address:
Telephone:
Facsimile:
4;----1 and S,II", ~-----1 a'knowl'dg, ",,;p! of a ropy of lh;' pag'. wh;,h ;, pag' --1L of J.L Pag".
ti~ .' t'..
TIllS Ii\STRU:'vIEt\'T PREPARED BY:
JOYCE L ELDEN
I3ROAD A1';1) CASSEL J
7777 Glaues Road 1/300
Boca Ralon, FL 33434
Dec-21-1~8 9~:05po 98-498811
ORB 10827 Pg 693
Con 550, BOO.OO Doc 3. B5e. ea
1lll1111lJDIIllJ mil nllllll D DIIIIUIIW II II Inll
SPECIAL WARRANTY DEED
THIS SPECIAL \V ARRANTY DEED maue this 21sT-day of Decemncr, 1998, by and
between BOYNTON BEACH HOSPITALITY, LTD.. a Florida limited partnership, as Grantor,
whose post ofllcc address is ]475 West Gatc\\'ay Boulevaru, 80)1110n Beach, Florida 33426, and
OPH/BOYNTON REALTY, Le.. a Florida limileti liabilil)' company, whose post office address
is 400 ~orth\\'cst 74lh Avenue, Plantation, Florida 33317. us Grantee.
W 1 T N E SSE T H:
THAT the Grantor for and in consideration of tile sum ofTEN AND 00!1 00 DOLLARS
(S I 0.00) and other good :md valuable consideration. to it ill hand paid by the Gnmtee. the rcceipt
of which is hereby acknowledged, hereby grants, bargains and sells to the Grantee, its successors
and assigns forever, the following described real propeny, located in Palm Beach County,
Florida:
A parcel of land in Lot I of the pial of QUANTUM PARK AT BOYNTON
BEACH. P.I.D. NO. I. according to the plUlthcrcofas rcconled in PIal Book 57,
Pages 182 and 183. Public Records of Palm Beach County, Florida; being
described as follows:
Beginning al the southeast comer of said Lot I; thence South 890 04' 47" Wesl
along the south line of said Lot I a distance of 156.06 feCI; thence North 000 55'
I J" West a distance of J70.47 feel to lhe north line of said Lot 1; thence North
S9,) 04' 47" East along the North line of said Lot I a distance of I J 5.42 feet to the
west right-or-way Jim: of Lake Worth Drainngc District Canal E-4, as same is
recorded in Ollicial Records Book 4545, Pages 1296 and 1297, Palm Beach
COUnty, Florida, Public Rccords; thence South OT' 10' 49" East alon~ said west
right-of-w,,>, line a distance of 372.69 feet to th~ Point of Beginning.
THIS CONVEYANCE is subject to easemcnls, restrictions, reservations. limitations and
other matlt:rs of rccord and to ta.....es for 1999 and subscqu~nt years_
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
we ".RfAll:Sr-.nol~.l
1~~'2.tw.:-:'2
Order: 2460182F
DocumentRetrieval : F ASTSearch
- 1 of 2 -
~. .. ..
ORB 10827 Pg 694-
!lOROruv H. IoIIlJID1, ClEM PB CDUmV, FL
The Grantor docs herehy warrart Iht: title to real property described herein and \\'i1l
dcfcnd the same against Lhe lawful clilims llf all pasons claiming by, through and under the
Gruntor.
IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be
c:\cculetl the day and yc:u firsl above wriucn.
WITNESSES:
BOl~TON BEACH HOSPITALiTY,
LTD" a Florida limited parlncrship
~,
\\ Ilness {./;( ~ 0
Print name: ch?-e7 (!,{'y/"eP '/
By: BOYNTON BEACH HOSPlTALITY.
me., a Ft orida corporation. iLS general
partner
Q~:(Q ~ Uek",
Print name: ..::To.:JC!.<='" c.. E(de'1
STATE OF FLORIDA
By:
~~ //-/-
Michael Panakos. President
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 2.fs-raay of O('G;>/Y'./yr,-..
1998, by MICHAEL PANAKOS, President of Boynton Beach Hospitality, Inc., a Florida
corporation, on behalf of the corporulion, as general partner of Boynton Beach Hospitality, LId"
a Florida limited partnership. He (01s personally known 10 me or L) produced as identification.
Q(/l*02 ;( 0c~~
N TAR r PUBLIC. Stale of Florida
UA~;.;.r;;;.... JOYCE L: ElDEN
I.: 'f.; :.IV COlolllISSON , cc 56'S27lI
~:. jlf EXPlr&:MlylB.a'OO
'4..E!..'t::;:..:r 1laDdn.ulUa'yI'We~
Print Name
)"ly Commission expires:
Serial No.:
(SEAL)
::!
flOC ,\RiAtEST,z.)J{4 ,
'~~z..l)))~
Order: 2460182F
- 2 of2-
DocumentRetrieval : F ASTSearch
Division of Corporations
.
Page 1 of2
Florida Limited Liability
OPH/BOYNTON REALTY, L.C.
uJ~l
PRINCIPAL ADDRESS
500 EAST BROWARD BLVD., SUITE 1950
FORT LAUDERDALE FL 33394
MAILING ADDRESS
500 EAST BROWARD BLVD., SUITE 1950
FORT LAUDERDALE FL 33394
Document Number
L98000002102
FEI Number
650866925
Date Filed
10/02/1998
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
1,000.00
R
t dA t
egIs ere .gen
I Name & Address I
HAMA WAY, MICHAEL P
500 EAST BROWARD BLVD" SUITE 1950
FORT LAUDERDALE FL 33394
I Name Changed: 04/03/2002 I
M
1M b D t '1
anager em er e aI
I Name & Address II Title I
KAMELHAIR, STEVEN R G
2240 SW 70 AVE SUTE D
DAVIE FL 333t7
II
Annual Reports
II
II
http://www.sunbiz.org/scripts/cordet.exe?a1=DETFIL&n1=L98000002102&n2=NAMF...11/21/2006
Division of Corporations
. .
Page 1 of2
Florida Limited Partnership
ISLA VERDE LAND INVESTORS LTD.
Acc+-oJ'h
,h d- (CL.IJU'
CAe ff r- -
PRINCIPAL ADDRESS
6400 NORTH ANDREWS AVENUE STE 500
FT LAUDERDALE FL 33309
MAILING ADDRESS
6400 NORTH ANDREWS AVENUE STE 500
FT LAUDERDALE FL 33309
Document Number
A05000002246
FEI Number
203982258
Date Filed
12/20/2005
State
FL
Status
ACTIVE
Effective Date
NONE
Actual Contribution
35,000,000.00
Registered Agent
Name & Address
ROSENBERG, JEFFREY
6400 NORTH ANDREWS A VENUE STE 500
FT LAUDERDALE FL 33309
General Partner Detail
I Name & Address I Document
Number
PEBB MANAGEMENT COMPANY, INC.
6400 NORTH ANDREWS A VENUE STE 500 P96000039415
FT LAUDERDALE FL 33309
II
Annual Reports
II
II
http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&nl=A05000002246&n2=NAMF...11/2112006
Division of Corporations
, .
Page 1 of2
Florida Profit
PEBB MANAGEMENT COMPANY, INC.
PRINCIPAL ADDRESS
6400 N. ANDREWS AVENUE
SUITE 500
FT. LAUDERDALE FL 33309
Changed 01/2512005
MAILING ADDRESS
6400 N. ANDREWS AVENUE
SUITE 500
FT. LAUDERDALE FL 33309
Changed 01/25/2005
Document Number
P96000039415
FEI Number
592214474
Date Filed
05/07/1996
State
FL
Status
ACTIVE
Effective Date
NONE
R
dA
eglstere .gent
I Name & Address I
ROSENBERG, JEFFREY M
6400 N, ANDREWS A VENUE
SUITE 500
FT, LAUDERDALE FL 33309
I Address Changed: 01/25/2005 I
I Name & Address II Title I
WEINER, PAUL c:J
6400 N. ANDREWS A VENUE, SUITE 500
FT. LAUDERDALE FL 33309
WEINER, BRUCE c:J
6400 N, ANDREWS A VENUE, SUITE 500
FT, LAUDERDALE FL 33309
Officer/Director Detail
http://www.sunbiz.org/scripts/cordet.exe?al=DETFIL&nl=P96000039415&n2=NAMF...11/21 /200n
Division of Corporations
. ~
Page 2 of2
ROSENBERG, JEFFREY M c:J
6400 N, ANDREWS A VENUE, SUITE 500
FT, LAUDERDALE FL 33309
WEINER, ELEANOR G
6400 N. ANDREWS A VENUE, SUITE 500
FT, LAUDERDALE FL 33309
ROSENBERG,BARBARA G
6400 N, ANDREWS A VENUE, SUITE 500
FT. LAUDERDALE FL 33309
A
lR
rt
nnua epo s
I Report Year II Filed Date I
I 2004 II 02/12/2004 I
I 2005 II 01/25/2005 I
I 2006 II 01/17/2006 I
No Events
No Name History Information
I>ocurnentlrnages
Listed below are the images available for this filing.
01/17/2006 -- ANNUAL REPORT
01/25/2005 -- ANNUAL REPORT
02/12/2004 -- ANNUAL REPORT
09/12/2003 -- ANN REPIUNIFORM BUS REP
OS/27/2002 -- COR - ANN REPIUNIFORM BUS REP
03/12/2001 -- ANN REPIUNIFORM BUS REP
04/26/2000 -- ANN REPIUNIFORM BUS REP
04/15/1999 -- ANNUAL REPORT
04/20/1998 -- ANNUAL REPORT
05/15/1997 -- ANNUAL REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.orglscripts/cordet.exe?al=DETFIL&nl=P96000039415&n2=NAMF...ll/21/2006
,-, ,... (formerly known as Uriginal Pancake House)
PROJECT NAME: OPH Hank
LOCATION: 1475 Gateway Blvd
PCN:
I FILE NO.: MSPM 07-001 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: OPH Boynton Realty, L.C.
Jared Weiner ADDRESS: 2240 SW 70th A venue Suite D
ADDRESS: 6400 N. Andrews Avenue Davie, FL 33317
Suite 500 Ft. Lauderdale, FL 33309 FAX:
FAX: 954-771-3442 PHONE: 954-797-4924
PHONE: 954-771-3305
E-Mail: jweiner@pebbent.com
SUBMITTAL / RESUBMITTAL 11/21/06
1ST REVIEW COMMENTS DUE: ~ 1'2./05/0(,
PUBLIC NOTICE/ SIGNS 30 days / 10 days ~ 1/ /';/07
IP ARC:
TART MEETING: ~ ,zllq/o~
LEGAL AD
PLANNING & DEVELOPMENT BOARD ~ 'i2~/07
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION. MEETING: ~ 2(2-0/07
COMMENTS:
F'l' fEet- - I - 344-2-
PH- q~ - 77/ - 5305
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